Sexton v. Panel Processing, Inc.

OPINION AND ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DECLINING JURISDICTION OYER PLAINTIFF’S STATE LAW CLAIM

THOMAS L. LUDINGTON, District Judge.

Section § 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1140, protects an employee who “has given information ... in any inquiry or proceeding relating to [ERISA].” The question in this case is whether § 510 extends its protections to an employee’s unsolicited, internal complaint to his employer that it has violated ERISA.

The issue has split the circuits. The Second, Third, and Fourth Circuits hold…